BILL NUMBER: SB 563 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 1999
AMENDED IN ASSEMBLY JUNE 16, 1999
AMENDED IN SENATE APRIL 12, 1999
INTRODUCED BY Senator Speier
(Coauthors: Senators Alpert, Figueroa, and McPherson)
(Coauthor: Assembly Member Lempert)
FEBRUARY 19, 1999
An act to amend Sections 243 and 273.5 of the Penal Code, relating
to the crime of battery.
LEGISLATIVE COUNSEL'S DIGEST
SB 563, as amended, Speier. Battery: domestic partners.
Under existing law, any person who commits a battery is punishable
by a fine not exceeding $2,000, or by imprisonment in a county jail
not exceeding 6 months, or by both that fine and imprisonment. Any
person who commits a battery against a person where serious bodily
injury is inflicted, is punishable by imprisonment in a county jail
not exceeding one year or by imprisonment in the state prison for 2,
3, or 4 years. Any person who commits a battery against a person
with a specified domestic relationship to the batterer is punishable
by imprisonment in a county jail not exceeding one year, or by fine
not exceeding $2,000, or by both that fine and imprisonment.
This bill would increase the punishment for a battery committed
against a person with a specified relationship to the batterer, if
the conviction for that battery occurs within 7 years of 2 or more
prior convictions for specified offenses committed against a person
with a specified relationship to the batterer. That increased
punishment would be imprisonment in a county jail for not more than
one year or by a fine of $5,000, or by both that fine and punishment,
or by imprisonment in the state prison for 16 months, or 2 or 3
years. By increasing the penalty of an offense from a misdemeanor to
a felony, this bill would impose a state-mandated local program.
Existing law provides that the infliction of corporal injury
resulting in a traumatic condition by any person upon his or her
spouse, cohabitant, or the mother or father of his or her child is a
felony.
This bill would expand the list of specified persons for purposes
of this provision to include a former spouse, or a former cohabitant.
By changing the definition of an existing crime, this bill would
impose a state-mandated local program.
Existing law provides that a person convicted of battery may be
required to participate in and complete a batterer's treatment
program.
This bill would provide that a person required to complete a
batterer's program who fails to do so twice shall be imprisoned in a
county jail for not less than 90 days and not more than
one year. By creating a new crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 243 of the Penal Code is amended to read:
243. (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, or animal
control officer engaged in the performance of his or her duties,
whether on or off duty, including when the peace officer is in a
police uniform and is concurrently performing the duties required of
him or her as a peace officer while also employed in a private
capacity as a part-time or casual private security guard or
patrolman, or a physician or nurse engaged in rendering emergency
medical care outside a hospital, clinic, or other health care
facility, and the person committing the offense knows or reasonably
should know that the victim is a peace officer, custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, or a physician or nurse engaged in
rendering emergency medical care, the battery is punishable by a fine
not exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
(c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a custodial officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, or animal
control officer engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care, and
an injury is inflicted on that victim, the battery is punishable by a
fine of not more than two thousand dollars ($2,000), by imprisonment
in a county jail not exceeding one year, or by both that fine and
imprisonment, or by imprisonment in the state prison for 16 months,
or two or three years.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or in the state prison for 16
months, or two or three years, or by both that fine and
imprisonment.
(d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment in the state prison for two, three, or four years.
(e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiance, or fiancee, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
defined in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However,
this provision shall not be construed as requiring a city, a county,
or a city and county to provide a new program or higher level of
service as contemplated by Section 6 of Article XIIIB of the
California Constitution.
(2) Any person who is required to successfully complete a batterer'
s program pursuant to this subdivision who, having failed to do so,
fails to do so a second time, shall be imprisoned in a county jail
for not less than 90 days and not more than one year.
(3) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
(4) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
(5) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
(5) "Injury" means any physical injury which requires professional
medical treatment.
(6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
(8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
(9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
(g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.
SEC. 2. Section 273.5 of the Penal Code is amended to read:
273.5. (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine up to six thousand dollars ($6,000) or by both.
(b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
(c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
(d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
(e) In any case in which a person is convicted of violating this
section and probation is granted, the court shall require
participation in a batterer's treatment program as a condition of
probation, as specified in Section 1203.097.
(f) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under subdivision (a)
who previously has been convicted under subdivision (a) for an
offense that occurred within seven years of the offense of the second
conviction, it shall be a condition thereof that he or she be
imprisoned in a county jail for not less than 96 hours and that he or
she participate in, for no less than one year, and successfully
complete, a batterer's treatment program, as designated by the court
pursuant to Section 1203.097. However, the court, upon a showing of
good cause, may find that the mandatory minimum imprisonment, as
required by this subdivision, shall not be imposed and grant
probation or the suspension of the execution or imposition of a
sentence.
(g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any person convicted under subdivision (a)
who previously has been convicted of two or more violations of
subdivision (a) for offenses that occurred within seven years of the
most recent conviction, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than 30 days and that
he or she participate in for no less than one year, and successfully
complete, a batterer's treatment program as designated by the court
pursuant to Section 1203.097. However, the court, upon a showing of
good cause, may find that the mandatory minimum imprisonment, as
required by this subdivision, shall not be imposed and grant
probation or the suspension of the execution or imposition of a
sentence.
(h) Any person who is required to successfully complete a batterer'
s program pursuant to this section who, having failed to do so, fails
to do so a second time, shall be imprisoned in a county jail for
not less than 90 days and not more than one year.
(i) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.